Annexes to COM(2022)174 - Geographical indication protection for craft and industrial products - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)174 - Geographical indication protection for craft and industrial products. |
|---|---|
| document | COM(2022)174  |
| date | October 18, 2023 |
(6) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(7) Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1).
(8) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
(9) Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).
(10) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).
(11) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
(12) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(13) Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p. 1).
(14) Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules (OJ L 179, 19.6.2014, p. 17).
(15) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(16) Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45).
(17) Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).
(18) Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, p. 1).
(19) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
(20) Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 1).
(21) OJ L 123, 12.5.2016, p. 1.
(22) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(23) OJ C 258, 5.7.2022, p. 5.
(24) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
(25) Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).
(26) Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385).
ANNEX I
STANDARD FORM FOR THE SELF-DECLARATION REFERRED TO IN ARTICLE 51
Self-declaration referred to in Article 51 of Regulation (EU) 2023/2411 of the European Parliament and of the Council (1)
| 1. | Name and address of the producer: … [Insert the name and address of the operator (company or individual producer) as well as, where applicable, the name and address of the authorised representative of the company or producer that signs the self-declaration on behalf of the company or producer] |
| 2. | Producer group: … [If applicable, insert the name and address of the producer group of which the producer is a member] |
| 3. | Name and type of the product: … [Insert the name with all attributes under which the product designated by the geographical indication is marketed or is envisaged to be marketed and the type of goods to which the product belongs] |
| 4. | Status of the product: … [Specify whether the product is already on the market] |
| 5. | Production sites: … [Insert all production sites, with their address and contact details, and activities (production steps pursuant to the product specification) carried out there] |
| 6. | Name, number and registration date of the geographical indication: … [This requirement can be met by attaching to the self-declaration the corresponding electronic extract from the register] |
| 7. | Single document: … [Insert the information from the single document: the name and description of the product, including, where appropriate, information concerning the packaging and labelling, including the possible use of the Union symbol for protected geographical indications, and a concise definition of the geographical area] |
| 8. | Description of the measures undertaken by the producer to ensure that the product complies with the product specification: … [Insert all measures (controls and checks) undertaken by the producer itself, the producer group or a third party since the last self-declaration was submitted, together with a summary of each measure in the table below]
|
| 9. | Additional information: … [Insert any further information considered relevant for the assessment as to whether the product complies with the product specification, e.g. samples of the label if there are labelling rules in the product specification] |
| 10. | Declaration of compliance with the requirements of the product specification: I herewith declare that the above-mentioned product, including its characteristics and components, complies with the corresponding product specification. All necessary controls and checks for the proper determination of conformity have been carried out. I am aware that, in the event of making a false statement, penalties may be imposed. Signed for and on behalf of: (place and date): (name, function) (signature): |
(1) Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (OJ L, 2023/2411, 27.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2411/oj).
(2) Control point: the checkpoint step or steps within the production process where the control measure is applied.
(3) Target reference value, if any, to be met at the control point.
(4) AC: control performed by the producer itself; IC: control performed by the producer group; EC: control performed by a product certification body or natural person.
(5) Frequency: the time interval at which the control is performed.
ANNEX II
STANDARD FORM FOR THE SINGLE DOCUMENT REFERRED TO IN ARTICLE 10
Single document referred to in Article 10 of Regulation (EU) 2023/2411 of the European Parliament and of the Council (1)
[Insert name, as in point 1:] ‘…’
EU Number: [for EU use only]
| 1. | Name(s) [of the proposed geographical indication] … [Insert the name to be protected as a geographical indication or, in the case of a request for amendment of the product specification, the registered name] |
| 2. | Member State or third country … |
| 3. | Description of the product |
| 3.1. | Type of product … |
| 3.2. | Description of the product designated by the name under point 1 … [To identify the product, use definitions and standards commonly used for that product. In the description of the product, focus on its specificity, using measurement units and common or technical terms of comparison, without including technical characteristics inherent to all products of that type or mandatory legal requirements applicable to all products of that type] |
| 3.3. | Specific production steps that must take place in the defined geographical area … [Provide justifications for any restrictions or derogations] |
| 3.4. | Specific rules concerning the packaging of the product designated by the name under point 1 … [If applicable, provide product-specific justifications for any restrictions] |
| 3.5. | Specific rules concerning the labelling of the product designated by the name under point 1 … [If applicable, provide justifications for any restrictions] |
| 4. | Concise definition of the geographical area … [Where appropriate, insert a map of the geographical area] |
| 5. | Link with the geographical area … [Indicate the link between the geographical area and the given quality, reputation or other characteristic of the product. To that end, indicate the factors on which the link is based, including, where appropriate, elements of the product description or production method justifying the link] Reference to the publication of the product specification (to be added by the competent authority or the Office, once available) |
(1) Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (OJ L, 2023/2411, 27.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2411/oj).
ANNEX III
STANDARD FORM FOR THE REASONED STATEMENT OF OPPOSITION REFERRED TO IN ARTICLE 26
Reasoned statement of opposition referred to in Article 26 of Regulation (EU) 2023/2411 of the European Parliament and of the Council (1)
| 1. | Name of the product: … [as entered in the Union register] |
| 2. | Number: … [as entered in the Union register] Date of publication of the single document and the reference to the electronic publication of the product specification in the Union register provided for in Article 23(7) of Regulation (EU) 2023/2411: … |
| 3. | Contact details
Natural or legal person/organisation/competent authority: … Address: … Telephone number: … e-mail address: … |
| 4. | Grounds for the opposition: Non-compliance with specific requirements for protection laid down in Regulation (EU) 2023/2411. The proposed geographical indication would be contrary to:
The proposed geographical indication would jeopardise the existence of an identical or similar name used in the course of trade or of a trade mark, or the existence of products that have been legally on the market for at least five years preceding the date of the publication of the application provided for in Article 22(7) of Regulation (EU) 2023/2411. |
| 5. | Details in support of the opposition [Provide duly substantiated reasons and a justification for the opposition, including a statement explaining the legitimate interest of the opponent, unless the opposition is lodged by a national authority, in which case no statement of legitimate interest is required.] (place and date): (name, function) (signature): |
(1) Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (OJ L, 2023/2411, 27.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2411/oj).
ELI: http://data.europa.eu/eli/reg/2023/2411/oj
ISSN 1977-0677 (electronic edition)